PENGANTAR HUKUM ASURANSI - DR. MUHAMMAD REZA SYARIFFUDIN ZAKI, S.H., MA

Summary

This video delves into Indonesian insurance law, highlighting key concepts like risk transfer and compensation for losses. It explains the legal definitions of insurance, referencing the Indonesian Commercial Code (KUHD), and discusses the types of insurance, including general and life insurance. The video further explores the principles behind insurance contracts, including the role of premiums and the legal obligations of insurers and insured parties. It also touches on the importance of insurance as a social safety net, protecting individuals and families from unforeseen risks and financial harm.

Takeaways

• 😀 Insurance (Asuransi) is a contract between the insurer (penanggung) and the insured (tertanggung) to provide compensation for potential losses or damages.
• 😀 The insurance contract is governed by Indonesian law, specifically **Pasal 246** of the **Kitab Undang-Undang Hukum Dagang (KUHD)** and **Undang-Undang No. 2 of 1992**.
• 😀 The primary goal of insurance is risk transfer, allowing the insured to move the financial burden of potential losses to the insurer.
• 😀 Insurance offers protection by covering possible losses, whether partial or total, due to unforeseen events or accidents.
• 😀 Social insurance, such as accident insurance, protects individuals and communities from risks that could lead to permanent injury or death.
• 😀 There are two main categories of insurance: **Insurance Loss (Asuransi Kerugian)**, including fire and theft insurance, and **Life Insurance (Asuransi Jiwa)**, including health and accident insurance.
• 😀 An insurance contract can be invalid if the information provided is false or incomplete (**Pasal 251 KUHD**), or if fraud is involved (**Pasal 282 KUHD**).
• 😀 If the insured does not disclose vital information or if the object of insurance is legally untradeable, the contract could fail (**Pasal 599 KUHD**).
• 😀 An insurance contract must adhere to the elements of a valid agreement as defined in **Pasal 1320 of the Civil Code (KUHPerdata)**, including mutual consent and legal purpose.
• 😀 The agreement in insurance is based on chance and uncertain events, with compensation provided only under specific, unpredictable circumstances (**Pasal 1774 KUHD**).

Q & A

What is the definition of insurance according to the Indonesian Commercial Code?

Insurance is defined as a contract where the insurer agrees to provide compensation to the insured for losses, damages, or the failure to obtain expected profits due to uncertain events.

What is the primary purpose of insurance?

The primary purpose of insurance is to transfer risk. By paying a premium, the insured transfers the risk of potential losses to the insurer, thus reducing the financial burden on the insured and their family in case of unforeseen events.

How does insurance serve as a protection mechanism?

Insurance serves as protection by covering the financial costs associated with various risks, such as health problems, accidents, or property damage. It provides financial compensation to the insured when a covered event occurs.

What are the two main types of insurance mentioned in the video?

The two main types of insurance discussed are general insurance (covering risks like fire, health, and maritime insurance) and life insurance (covering risks like accidents, health, and life insurance).

What is reinsurance and how does it function?

Reinsurance is a form of insurance for insurance companies. It allows insurers to manage risk by sharing part of their liability with other insurers, thereby spreading the risk and providing compensation for specific types of losses.

What does the Indonesian Commercial Code say about insurance contracts?

The Indonesian Commercial Code outlines that an insurance contract must include truthful disclosure from the insured and specify the conditions under which the insurer will provide compensation. Fraud or incorrect information may invalidate the contract.

What legal provision outlines the concept of 'fortuitous events' in insurance contracts?

The concept of 'fortuitous events,' or uncertain events, is addressed in Article 1320 of the Civil Code and refers to events that cannot be predicted and may lead to insurance claims.

What can cause an insurance contract to be deemed invalid?

An insurance contract can be invalidated if it contains false information, if the insured fails to disclose essential details, or if fraud or deception is involved. Additionally, if the object of the insurance is illegal or cannot be traded, the contract is void.

What does insurance as 'social insurance' mean?

Social insurance refers to insurance that aims to protect the public from risks like accidents, death, or permanent disability. It is typically designed to provide compensation or benefits to individuals in society facing such challenges.

Why is the payment of premiums crucial in an insurance contract?

The payment of premiums is crucial because it ensures that the insured transfers the financial risk to the insurer. The premium is the price the insured pays for coverage, and without it, the contract cannot be executed, and the insurer is not obligated to provide compensation.